Rhode Island - Walker Morgan LLC

Report 15 Downloads 64 Views
Rhode Island Claims Process

RI

Rhode Island Courts with Jurisdiction Over Civil Matters District Court Has concurrent jurisdiction in civil matters where the amount of expected damages is between $5,000 and $10,000. Superior Court Has original jurisdiction in civil cases in excess of $10,000 in expected damages. Supreme Court Rhode Island does not have an intermediate appellate court; appeals from the Superior Court go to the Supreme Court, the highest court in Rhode Island.

$10,000

Supreme Court

$10,000 District Court

appeals from Superior Court go to the Supreme Court

Superior Court

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 20 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Rhode Island.

 (800) 922-8411  (803) 359-6194

 http://www.walkermorgan.com

Copyright © Walker Morgan, LLC